Latham Legal Issues Blog

There is no doubt about it: being charged with a criminal offense in New York can be scary. The vast majority of people are never exposed to the state's judicial process in any fashion, except perhaps for a family law or traffic court matter. So, facing a criminal charge can be intimidating, which is completely understandable. But, how a person reacts to a criminal charge can make all the difference in the outcome of the case.

While most people wouldn't know it from their local news coverage, an arrest is not the same as a conviction. Unfortunately, in today's instant-reporting society, the court of "public opinion" is all too swift. Some people simply cannot stand the perceived societal stigma that comes with being arrested for a criminal charge.

Each year, defective products injure hundreds if not thousands of New York residents. Most of our readers have probably seen "recall" notices before, which are statements put out by companies to warn consumers of the danger of a product that is out in the market and available for purchase. When a defective product injures a consumer, a potential legal claim may exist under an area of the law known as "products liability" law. So, what are the basics about products liability law?

Well, for starters, products liability law falls under the larger umbrella of "tort" law. In a tort law case, one party - the injured party - is making a claim that another party negligently or recklessly caused the injury at issue. So, more specifically in a products liability claim, the injured party is usually claiming that a company, manufacturer or retailer either designed or manufactured a product in a negligent or reckless manner, or that one of the defendants failed to include adequate warnings with the product about potential dangers.

Some of our readers may have heard about a series of motorcycle accidents that occurred to the north of the Latham area in nearby Hague, in which multiple motorcycles collided in a series of quick crashes. The accidents occurred on July 27.

According to reports, a couple in a motorcycle-sidecar combination was riding on Graphite Mountain Road in an easterly direction when the man driving crossed the centerline and hit another motorcycle that was coming from the opposite direction in the other lane. Fortunately, the motorcyclist who was struck, along with a passenger, were not injured in this initial collision. The motorcyclist of the motorcycle-sidecar combination, and his wife, were both injured. The man needed to be airlifted for medical care due to the extent of his injuries, while his wife was transported in an ambulance for medical care.

When we go to shops, restaurants or other businesses in Latham, New York, we do not expect to suffer an injury. However, sometimes, dangerous conditions exist on such premises that cause a patron to suffer a slip-and-fall accident. These accidents can cause severe injuries that are costly and have a long recovery period. For these reasons, it is important to understand when commercial property owners are liable for the injuries a patron suffers in a slip-and-fall accident on their premises.

First, to hold the commercial property owner (or employee of the commercial property owner) legally responsible for the fall, one of three conditions must exist: either the property owner must have caused the surface of the floor to be dangerous; the property owner must have known about the dangerous surface but did not remedy it; or the property owner should have known that the surface presented a danger because a "reasonable" commercial property owner would have known about it and remedied it.

On behalf of Anderson, Moschetti & Taffany, PLLC on Tuesday, July 16, 2019.

Not everyone can afford to buy a new vehicle every few years. Unfortunately, this means that many people are driving around in cars that are more unsafe than the ones that have recently been released. If you are driving an older model car, you should take steps to try to shore up your safety. Understanding what issues these vehicles have might help you to remain a bit safer.

One of the biggest problems is that these older cars don't have the standard safety features of newer ones. These include things like side airbags and stability control. While these might not seem like a huge deal, there are some huge benefits.

New Yorkers may have noticed an increased police presence recently on streets and highways throughout the state. That is because the New York State Police has been running an initiative in which checkpoints and patrols are increased to identify drivers who are reckless, drunk or distracted.

The Fourth of July holiday is a popular time for travel, and the authorities hope that such checkpoints and patrols canl reduce the number of motor vehicle accidents during that time of the year.

Especially now that summer is here in New York, residents of the state may see more orange barrels indicating roadwork is being done and they may see more buildings being erected or refurbished. Construction work is necessary, but it is also dangerous, and it is not unusual for construction site accidents to occur. In fact, the U.S. Occupational Safety and Health Administration has labeled what it has coined the "Fatal Four" most common types of construction accidents.

OSHA reports that in 2017, one-fifth of worker deaths in the private industry in the nation, excluding highway traffic accidents, were construction deaths. Of those deaths, falls, being struck by an object, being electrocuted and being caught-in/between objects were the four primary causes of construction worker deaths, accounting for nearly 60 percent of fatalities in the industry. If these "Fatal Four" causes of construction worker deaths were eliminated, 582 lives could be saved annually.

It may seem like construction projects are constantly ongoing in New York, especially now that warmer weather is here. Most people in New York appreciate how dangerous construction work can be. Unfortunately, construction site accidents occur all-too frequently, sometimes leading to fatalities.

A construction site accident recently occurred in New York by Grand Central Station. The project reportedly involved the renovation of a building, which was to become a tech hub. According to the New York Police Department, a worker, age 49, was working on the fifth story of the structure when he fell 30 feet to the second story of the structure. The man was rushed to an area hospital, but he succumbed to his injuries and was pronounced dead.

On behalf of Anderson, Moschetti & Taffany, PLLC on Friday, May 24, 2019.

You know how this story goes: You’re stopped at a traffic light and the person behind you fails to notice your brake lights and rams into you. The damage to your car is extensive and your neck is sore from the forceful jostling the accident caused. Hundreds of accidents like this happen across the United States every day.

But what you may not know is that you could be suffering from whiplash, a soft-tissue injury common after car accidents.

On behalf of Anderson, Moschetti & Taffany, PLLC on Wednesday, May 22, 2019.

No one expects a car crash. You might just be driving down the highway, listening to some music and thinking about the coming weekend. Suddenly you hear screeching and feel a sharp jolt as the airbag hits your face.

A car accident can be shocking, and you may have no idea what to do. There are steps you need to take after a car accident to ensure the best outcome for yourself.

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